RAJENDRA KUMAR JAISWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners who are the real brothers aggrieved by the order dated 10.08.2011 passed by the learned Additional Sessions Judge, Court No.8, Pratapgarh in Sessions Trial No.21 of 2011 summoning the petitioners as additional accused for offence under Section 376 IPC.

(2.) It is important to mention here that the petitioners who are real brothers and one of them Harendra Kumar Jaiswal was 80% handicapped, were not named in the FIR. The prosecutrix thereafter, came back from Ludhiyana and she was examined medically. In her medical examination, a fetus of 9 weeks was found.

(3.) Statement of the prosecutrix under Section 161 Cr.P.C. was recorded on 03.03.2010. She did not name the two petitioners involved in any manner in the commission of the alleged offence. Allegation was that she went with Lal Bahadur @ Vinod on the pretext of getting employment and from Pratapgarh, she went to Delhi and from Delhi to Ludhiyana.